Trusts in Litigation 2021 Wednesday 6th to 8th October 2021 Luton Hoo Hotel, UK, LU1 3TQ Day 1 – Wednesday 6th October 19.00 Pre-Event Drinks hosted by Irwin Mitchell 20.00 Dinner – Pizza Truck and Drinks Day 2 – Thursday 7th October 9.00 Registration 9.30 Co-Chairs’ Opening Remarks Rachael Reynolds QC, Partner, Ogier James Price, Partner, Stewarts Law 9.45 Are trusts an endangered species? A survey from different perspectives • Is it possible to create a trust for the benefit of the settlor’s family without it becoming a “nuptial settlement” for the purposes of the MCA 1973? • Are there any practical limits on the court’s jurisdiction under the MCA 1973? • Do trustees in an offshore jurisdiction really provide any protection against enforcement? Participants Jessica Henson, Partner Payne Hicks Beach Joanne Morse, Senior Trust Officer, Summit Trust Millie Benson, Barrister, 1 Kings Bench Walk Simon Gibb, Partner, McDermott Will & Emery James Poole, Barrister & Mediator, 10 Old Square 10.30 Deathbed Wills • Clitheroe v Bond • How do you comply with the formal requirements for executing a will in times of emergency? • Is there a continuing role for the doctrine of donatio mortis causa in practice? • What are the options for particular types of persons, e.g. soldiers? • How can capacity be assessed if an assessment cannot be carried out? Participants Nicola Bushby, Partner, Irwin Mitchell Rosie Todd, Partner, Stevens & Bolton Ruth Hughes, Barrister, 5 Stone Buildings Vikram Sachdeva QC, Barrister, 39 Essex Chambers 11.15 Coffee break Information Classification: General 11.40 Workshops Workshop A Workshop B Workshop C Estate Planning / Succession: Quirks Trust Administration: Going mad with Civil Procedure: A practical guide to and curiosities in 1975 Act claims power? Advising protectors and other giving evidence powerholders • How should conduct falling within • Do you know what it is like to give the forfeiture rule be taken into • When do fiduciary duties apply and evidence? Witness familiarisation account? what do they mean in practice? session for lawyers • What “other matters” may be • When can protectors and other • How do you talk to your client particularly relevant in powerholders get into trouble about the case without coaching? determining whether reasonable personally? financial provision has been • What are the disclosure duties on Participants made? Protectors? Ed Williams QC, Assurety Training • Could matrimonial considerations • What if a Protector is unwilling to Sonia Saville, Assurety Training inform the appropriate remedy, act? e.g. the terms of a pre- or post- nuptial agreement? Participants • What are some of the basic tax Emma Cohen, Partner, Macfarlanes implications to bear in mind when James Woods-Davidson, Associate, crafting a remedy? Boodle Hatfield David E Grant, Barrister, Outer Temple Participants Hannah Mantle, Senior Associate, Forsters Giles Richardson, Barrister, Serle Court 12.45 Lunch 1.45 General Interest Session: Balancing rights and regulations: Transgender and disabled people in sports • Do aids such as carbon-polymer running blades give an unfair advantage? • Should testosterone suppressant drugs be required? Participants Mark Hovell, Partner, Mills & Reeve 2.30 Debate: Civil Procedure: Should the courts be given powers to vary trusts generally? • What are the limits of the English court’s jurisdiction under TA 1925 s.57 in practice? • What is the approach in offshore jurisdictions (e.g. Jersey, Bermuda)? • What would be the pros and cons of empowering the courts in this way? • Is the rule in Saunders v Vautier requiring a closed class too limited? Participants Charlotte Fraser, Partner, Farrer & Co Mark Hubbard, Barrister, New Square Chambers James Dickinson, Partner, Dickinson Gleeson Caroline Taylor, Partner, Taylor Wessing Information Classification: General 3.15 Coffee break 3.40 Civil Fraud: Trust concepts in civil fraud claims • Constructive trusts – In what circumstances will a constructive trust be imposed? • Accessory Liability – How do the concepts of dishonest assistance and knowing receipt become relevant? • Tracing – How do you get hold of assets in the hands of trustees and third parties? Participants Gemma Willingham, Partner, Baker McKenzie Robert Christie, Partner, Bedell Cristin Amy Harvey, Partner, Peters & Peters Elizabeth Houghton, Barrister, Wilberforce Chambers 4.20 Keynote: Management through change • “Our job is obvious: We need to get out of the way, shine a light, and empower a new generation to teach itself and go further and faster than any generation ever has.” - Seth Godin • How can leadership in law firms manage expectations and prioritise the health and well- being of their workforce? • What impact has the pandemic had on the future of legal services delivery? Annmarie Carvalho, Director, The Carvalho Consultancy Kathryn Purkis, Barrister, Serle Court Alison Regan, Joint Managing Partner, Russell Cooke 5.15 Co-Chairs’ Closing Remarks 6.30 Drinks Reception (hosted by Serle Court) 8.00 Dinner Reception Information Classification: General Day 3 – Friday 8th October 9.50 Co-Chairs’ Opening Remarks Simon Goldring, Partner, Maurice Turnor Gardner Richard Manyon, Partner, Payne Hicks Beach 10.00 Keynote Session: The judiciary and the court of public opinion • What is it like to determine a case which attracts national interest? • Do the media place undue pressure on judges? Lord Justice Nugee, Court of Appeal of England and Wales Quick fire debates 10.45 Debate: Are Unexplained Wealth Orders losing their teeth after NCA v Baker? • Are UWOs still a real cause for concern for trustees? • How do trustees deal with beneficiaries who are subject to UWOs? Mark Harries QC, Barrister, Serjeants Inn Mariel Stringer-Fehlow, Associate, Mishcon de Reya 11.15 Debate: Is there a principled approach to understanding when Convention rights bear on parties’ rights under a will or a trust? • Do the principles in Re Hand’s Will Trust stand up to scrutiny in light of subsequent authorities? • Is further legislation required to clarify the position? Participants Edward Hewitt, Barrister, 5 Stone Buildings Richard Walker, Associate, Withers Worldwide 11.45 Debate: Are there any duties which trustees should be prevented from excluding in the trust instrument? • Are anti-Bartlett clauses allowing trustees to have their cake and eat it? • Should the requirements be more stringent in times of crisis? Participants Adam Cloherty, Barrister, XXIV Old Buildings Brian Lacy, Partner, Ogier 12.15 Coffee break Information Classification: General 12.30 Workshops: Workshop A Workshop B Workshop C How to litigate effectively / The seven Insolvency: Who gets what when? Estate Administration / Succession: stages of trust litigation Winding up an insolvent trust Missing people and missing wills? • The lifecycle of a private client • What is the appropriate procedure for • How do the regimes under the dispute often follows a familiar winding up an insolvent trust? Presumption of Death Act 2013 pattern: Shock and denial, guilt, • What stages are involved? Who and Guardianship (Missing anger and bargaining, reflection, controls the process? Persons) Act 2017 operate in the upward turn, reconstruction, • What are the priority rules following practice? acceptance. Re Z Trusts and Investec? • What practical steps can be taken • A practical guide to client and to locate a missing will? When case management Participants does the presumption of • Given the emotional nature of Jamie Holmes, Barrister, Wilberforce revocation apply? these disputes, what makes Chambers funding them attractive? Stephen Alexander, Partner, Mourant Participants Hannah Davie, Director, Grant Thornton Mark Lindley, Partner, Boodle Participants Hatfield Geoff Kertesz, Partner, Stewarts Josh Lewison, Barrister, Radcliffe Alex Cooke, Chief Executive Officer, Chambers Schneider Financial Solutions Lorraine Jeffrey, Partner, Julia Burns, Mediator, Dover in the Michelmores Room 1.30 Dragon Boat Racing (hosted by Wilberforce Chambers) and other activities including Clay Pidgeon Shooting, Archery and Axe Throwing (hosted by Summit Trust and Radcliffe Chambers) 6.30 Farewell Drinks Reception Information Classification: General .